California was the first state ever to pass a law regulating copper and other semi-harmful substances in brake pads. Washington was not far behind with an even more extensive law. Hawaii, New York, Rhode Island, Oregon and even other countries are contemplating constructing their own laws.

In addition to manufacturing and distribution, the California and Washington state laws use the term “installer” (not the most flattering term) in the measure’s language. This means a shop in these states could be fined up to $10,000 fine per each violation if any kind of non-approved brake pad is installed on a vehicle.

While copper has gotten most of the attention, these new laws also focus on asbestos, chromium and other heavy metals in brake pads that can seriously harm nature and even technicians.

While these laws will not be in full effect for over 10 years, many pieces of the laws are being phased in as you read this right now. Starting on the first day of January last year, friction material manufacturers who conducted business in Washington state were required to submit a report on their use of copper, nickel, zinc, antimony and other metals. By 2015, all new inventory must be labeled saying if it complies with the law or not. Manufacturers, distributors and “installers” have 10 years to sell off existing inventory that violates the law. After the ten years is up, they are subject to extremely heavy fines. In California, the law also restricts the use of the cadmium, chromium, lead and its compounds starting January first of this year.

The laws do put new financial and technical burdens on friction material manufacturers. Under the Washington state law, friction material formulation has to be tested by an approved laboratory and the applications that use this material must be submitted so the right label can appear on the box. Every step in the process costs valuable money and time. These burdens may be so great that some manufacturers may exit some of these markets completely.